A. The Department shall develop and initiate negotiation of the performancecontracts through which it provides funds to community services boards toaccomplish the purposes set forth in this chapter. In the case of operatingboards, the Department may, notwithstanding any provision of law to thecontrary, disburse state and federal funds appropriated to it for mentalhealth, mental retardation, or substance abuse services directly to theoperating board, when that operating board is authorized by the governingbody of each city or county that established it to receive such funds. Sixmonths prior to the beginning of each fiscal year, the Department shall makeavailable to the public the standard performance contract form that itintends to use as the performance contract for that fiscal year and solicitpublic comments for a period of 60 days.
B. Any community services board may apply for the assistance provided in thischapter by submitting annually to the Department its proposed performancecontract for the next fiscal year together with (i) the approval of its boardof directors for operating and administrative policy boards or the commentsof the local government department's policy-advisory board and (ii) theapproval of the contract by formal vote of the governing body of each city orcounty that established it. The community services board shall make itsproposed performance contract available for public review and solicit publiccomments for a period of 30 days prior to submitting its proposed contractfor the approval of its board of directors for operating and administrativepolicy boards or the comments of the local government department'spolicy-advisory board. To avoid disruptions in service continuity and allowsufficient time to complete public review and comment about the contract andnegotiation and approval of the contract, the Department may provide up tosix semi-monthly payments of state-controlled funds to the community servicesboard. If the governing body of each city or county does not approve theproposed performance contract by September 30 of each year, the performancecontract shall be deemed approved.
C. The performance contract shall (i) delineate the responsibilities of theDepartment and the community services board; (ii) specify conditions thatmust be met for the receipt of state-controlled funds; (iii) identify thegroups of consumers to be served with state-controlled funds; (iv) containspecific consumer outcome, provider performance, consumer satisfaction, andconsumer and family member participation and involvement measures; (v)contain mechanisms that have been identified or developed jointly by theDepartment and community services board and that will be employedcollaboratively by the community services board and the state hospital tomanage the utilization of state hospital beds; (vi) establish an enforcementmechanism, should a community services board fail to be in substantialcompliance with its performance contract, including notice and appealprocesses and provisions for remediation, withholding or reducing funds,methods of repayment of funds, and the Department's exercise of theprovisions of subsection E; and (vii) include reporting requirements andrevenue, cost, service, and consumer information displayed in a consistent,comparable format determined by the Department.
The Department may provide for performance monitoring in order to determinewhether the community services boards are in substantial compliance withtheir performance contracts.
D. No community services board shall be eligible to receive state-controlledfunds for mental health, mental retardation, or substance abuse servicesafter September 30 of each year unless (i) its performance contract has beenapproved by the governing body of each city or county that established it andby the Department; (ii) it provides service, cost, revenue, and aggregate andindividual consumer data and information, notwithstanding the provisions of §37.2-400 or any regulations adopted thereunder, to the Department in theformat prescribed by the Department; and (iii) it uses standardized costaccounting and financial management practices approved by the Department.
E. If, after unsuccessful use of a remediation process described in theperformance contract, a community services board remains in substantialnoncompliance with its performance contract with the Department, theDepartment may, after affording the community services board an adequateopportunity to use the appeal process described in the performance contract,terminate all or a portion of the contract. Using the state-controlledresources associated with that contract, the Department, after consultingwith the governing body of each city or county that established the board,may negotiate a performance contract with another board, a behavioral healthauthority, or a private nonprofit or for-profit organization or organizationsto obtain services that were the subject of the terminated performancecontract.
(1968, c. 477, § 37.1-198; 1970, c. 346; 1972, c. 498; 1976, c. 671; 1980, c.582; 1986, c. 176; 1998, c. 680; 2005, cc. 75, 716.)
A. The Department shall develop and initiate negotiation of the performancecontracts through which it provides funds to community services boards toaccomplish the purposes set forth in this chapter. In the case of operatingboards, the Department may, notwithstanding any provision of law to thecontrary, disburse state and federal funds appropriated to it for mentalhealth, mental retardation, or substance abuse services directly to theoperating board, when that operating board is authorized by the governingbody of each city or county that established it to receive such funds. Sixmonths prior to the beginning of each fiscal year, the Department shall makeavailable to the public the standard performance contract form that itintends to use as the performance contract for that fiscal year and solicitpublic comments for a period of 60 days.
B. Any community services board may apply for the assistance provided in thischapter by submitting annually to the Department its proposed performancecontract for the next fiscal year together with (i) the approval of its boardof directors for operating and administrative policy boards or the commentsof the local government department's policy-advisory board and (ii) theapproval of the contract by formal vote of the governing body of each city orcounty that established it. The community services board shall make itsproposed performance contract available for public review and solicit publiccomments for a period of 30 days prior to submitting its proposed contractfor the approval of its board of directors for operating and administrativepolicy boards or the comments of the local government department'spolicy-advisory board. To avoid disruptions in service continuity and allowsufficient time to complete public review and comment about the contract andnegotiation and approval of the contract, the Department may provide up tosix semi-monthly payments of state-controlled funds to the community servicesboard. If the governing body of each city or county does not approve theproposed performance contract by September 30 of each year, the performancecontract shall be deemed approved.
C. The performance contract shall (i) delineate the responsibilities of theDepartment and the community services board; (ii) specify conditions thatmust be met for the receipt of state-controlled funds; (iii) identify thegroups of consumers to be served with state-controlled funds; (iv) containspecific consumer outcome, provider performance, consumer satisfaction, andconsumer and family member participation and involvement measures; (v)contain mechanisms that have been identified or developed jointly by theDepartment and community services board and that will be employedcollaboratively by the community services board and the state hospital tomanage the utilization of state hospital beds; (vi) establish an enforcementmechanism, should a community services board fail to be in substantialcompliance with its performance contract, including notice and appealprocesses and provisions for remediation, withholding or reducing funds,methods of repayment of funds, and the Department's exercise of theprovisions of subsection E; and (vii) include reporting requirements andrevenue, cost, service, and consumer information displayed in a consistent,comparable format determined by the Department.
The Department may provide for performance monitoring in order to determinewhether the community services boards are in substantial compliance withtheir performance contracts.
D. No community services board shall be eligible to receive state-controlledfunds for mental health, mental retardation, or substance abuse servicesafter September 30 of each year unless (i) its performance contract has beenapproved by the governing body of each city or county that established it andby the Department; (ii) it provides service, cost, revenue, and aggregate andindividual consumer data and information, notwithstanding the provisions of §37.2-400 or any regulations adopted thereunder, to the Department in theformat prescribed by the Department; and (iii) it uses standardized costaccounting and financial management practices approved by the Department.
E. If, after unsuccessful use of a remediation process described in theperformance contract, a community services board remains in substantialnoncompliance with its performance contract with the Department, theDepartment may, after affording the community services board an adequateopportunity to use the appeal process described in the performance contract,terminate all or a portion of the contract. Using the state-controlledresources associated with that contract, the Department, after consultingwith the governing body of each city or county that established the board,may negotiate a performance contract with another board, a behavioral healthauthority, or a private nonprofit or for-profit organization or organizationsto obtain services that were the subject of the terminated performancecontract.
(1968, c. 477, § 37.1-198; 1970, c. 346; 1972, c. 498; 1976, c. 671; 1980, c.582; 1986, c. 176; 1998, c. 680; 2005, cc. 75, 716.)
A. The Department shall develop and initiate negotiation of the performancecontracts through which it provides funds to community services boards toaccomplish the purposes set forth in this chapter. In the case of operatingboards, the Department may, notwithstanding any provision of law to thecontrary, disburse state and federal funds appropriated to it for mentalhealth, mental retardation, or substance abuse services directly to theoperating board, when that operating board is authorized by the governingbody of each city or county that established it to receive such funds. Sixmonths prior to the beginning of each fiscal year, the Department shall makeavailable to the public the standard performance contract form that itintends to use as the performance contract for that fiscal year and solicitpublic comments for a period of 60 days.
B. Any community services board may apply for the assistance provided in thischapter by submitting annually to the Department its proposed performancecontract for the next fiscal year together with (i) the approval of its boardof directors for operating and administrative policy boards or the commentsof the local government department's policy-advisory board and (ii) theapproval of the contract by formal vote of the governing body of each city orcounty that established it. The community services board shall make itsproposed performance contract available for public review and solicit publiccomments for a period of 30 days prior to submitting its proposed contractfor the approval of its board of directors for operating and administrativepolicy boards or the comments of the local government department'spolicy-advisory board. To avoid disruptions in service continuity and allowsufficient time to complete public review and comment about the contract andnegotiation and approval of the contract, the Department may provide up tosix semi-monthly payments of state-controlled funds to the community servicesboard. If the governing body of each city or county does not approve theproposed performance contract by September 30 of each year, the performancecontract shall be deemed approved.
C. The performance contract shall (i) delineate the responsibilities of theDepartment and the community services board; (ii) specify conditions thatmust be met for the receipt of state-controlled funds; (iii) identify thegroups of consumers to be served with state-controlled funds; (iv) containspecific consumer outcome, provider performance, consumer satisfaction, andconsumer and family member participation and involvement measures; (v)contain mechanisms that have been identified or developed jointly by theDepartment and community services board and that will be employedcollaboratively by the community services board and the state hospital tomanage the utilization of state hospital beds; (vi) establish an enforcementmechanism, should a community services board fail to be in substantialcompliance with its performance contract, including notice and appealprocesses and provisions for remediation, withholding or reducing funds,methods of repayment of funds, and the Department's exercise of theprovisions of subsection E; and (vii) include reporting requirements andrevenue, cost, service, and consumer information displayed in a consistent,comparable format determined by the Department.
The Department may provide for performance monitoring in order to determinewhether the community services boards are in substantial compliance withtheir performance contracts.
D. No community services board shall be eligible to receive state-controlledfunds for mental health, mental retardation, or substance abuse servicesafter September 30 of each year unless (i) its performance contract has beenapproved by the governing body of each city or county that established it andby the Department; (ii) it provides service, cost, revenue, and aggregate andindividual consumer data and information, notwithstanding the provisions of §37.2-400 or any regulations adopted thereunder, to the Department in theformat prescribed by the Department; and (iii) it uses standardized costaccounting and financial management practices approved by the Department.
E. If, after unsuccessful use of a remediation process described in theperformance contract, a community services board remains in substantialnoncompliance with its performance contract with the Department, theDepartment may, after affording the community services board an adequateopportunity to use the appeal process described in the performance contract,terminate all or a portion of the contract. Using the state-controlledresources associated with that contract, the Department, after consultingwith the governing body of each city or county that established the board,may negotiate a performance contract with another board, a behavioral healthauthority, or a private nonprofit or for-profit organization or organizationsto obtain services that were the subject of the terminated performancecontract.
(1968, c. 477, § 37.1-198; 1970, c. 346; 1972, c. 498; 1976, c. 671; 1980, c.582; 1986, c. 176; 1998, c. 680; 2005, cc. 75, 716.)
